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BACON v. TOIA

No. 77 Civ. 2823.

437 F.Supp. 1371 (1977)

Jeanne BACON, Individually and on behalf of her minor children Robert Bacon and Ife Bacon, and on behalf of all other persons similarly situated, Plaintiffs, v. Philip L. TOIA, Individually and as Commissioner of the Department of Social Services of the State of New York, and Charles W. Bates, Individually and as Commissioner of the Westchester County Department of Social Services, Defendants.

United States District Court, S. D. New York.

September 29, 1977.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Atty. Gen., New York City, for defendant Toia; Robert S. Hammer, Asst. Atty. Gen., New York City, of counsel.

David N. Brainin, County Atty., White Plains, N. Y., for defendant Charles W. Bates; Cheryl J. Bradley, White Plains, of counsel.

Westchester Legal Services, Inc., New Rochelle, N. Y., for plaintiffs; Eileen R. Landau, Yonkers, Martin A. Schwartz, New York City, of counsel.

The Legal Aid Society, Civ.Div., New York City, for plaintiffs; John E. Kirklin, Constance P. Carden, New York City, of counsel.

OPINION

GAGLIARDI, District Judge.

The named plaintiffs, all recipients of public assistance in the form of Aid to Families with Dependent Children ("AFDC"), 42 U.S.C. §§ 601-610, bring this action pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343(3), challenging the validity of Section 350-j of the New York Social Services Law ("NYSSL") as amended May 1, 1977 by the New York Laws of 1977, Chapter 77, Section...

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